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Constitutional Court of Zambia - 2018 April

2 judgments
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2 judgments
April 2018
Austin C. Milambo v Jamba (Appeal 6 of 2016) [2018] ZMCC 264 (13 April 2018)
Election petition dismissed: alleged campaign gifts, isolated misconduct and party‑membership claims failed to meet statutory majority threshold.
  • Electoral law — Election nullification — Section 97(2)(a),(b),(c) Electoral Process Act 2016 — corrupt/illegal practices must be by candidate or with candidate’s knowledge and widespread enough to affect majority; third‑party misconduct does not by itself void election under s97(2)(b); Article 51 eligibility of independent candidates; petition filed under repealed Act fatal.
13 April 2018
Pule and Others v Attorney General and Others (4 of 2017) [2018] ZMCC 10 (6 April 2018)
Panel composition is an administrative prerogative; Article 129(3) requires an uneven number not less than five judges.
  • Constitutional Court composition — Article 129(3) — Full bench defined as an uneven number not less than five — Panel constitution an administrative discretionary prerogative of the Court — Parties cannot compel reconstitution of bench.
6 April 2018